ATTACHMENT 1
CITY OF MERCED
SPECIAL TAX CONSULTING SERVICES
for
MAINTENANCE AND SERVICES COMMUNITY FACILITIES DISTRICT
The City of Merced (hereinafter “CITY”) formed Community Facilities District No. 2003-2 (hereinafter “CFD”) to fund operations and maintenance (e.g., landscaping, storm drainage, street lighting, parks) as well as services (e.g., police and fire protection) provided to all new development areas in the CITY. Goodwin Consulting Group, Inc. (hereinafter “CONSULTANT”) will facilitate annexations to the CFD, as described more fully below.
SCOPE OF WORK
CONSULTANT shall provide the following services:
1. For each annexation, GCG will w ork with CITY staff to gather all project-specific data for one or more new Improvement Areas of the ser vices CFD. The new Improvement Area(s) will constitute a single annexation into the services CFD.
2. GCG will p repare a special tax analysis for each Improvement Area (i.e., development proj ect), which may include re sidential, non -residential, or both types of land uses. GCG will revise the services CFD RMA to address details of the specific annexation.
3. GCG will review analysis tables and the RMA with CITY staff and bond counsel, finalize annexation documents, and prepare the CFD Report.
BUDGET
The total budget for each annexation will be determined at the time GCG is ask ed to work on a new annexation. The budget will vary depending on the complexity of each development project, the number of development projects, and other factors unique to a specific annexation. Services will be billed on the following hourly fee schedule, which is valid through December 31, 2023, and may be adjusted thereafter:
Managing Principal $360 / hour
Senior Principal $350 / hour
Principal $310 / hour
Vice President $275 / hour
Senior Associate $250 / hour
Associate $230 / hour
Analyst $215 / hour
Research Assistant $95 / hour
EXHIBIT A
EXHIBIT B
City of Merced
Authorization of Services Agreement
Dept. Head Sig.:________________
Due Date:_____________________
Return to:_____________________
_____________________
_____________________
__
_____________________________________ _____________________ Name of City Contact Phone Ext.
Description of Services to be Provided: Official Use Only ________________________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ _____________________________________________________________________ Check Box If Applicable To Project:
License (1)* Type ____________ Business License (2)* Bonds (6)* Insurance (13)* Workers’ Compensation (14)* Prevailing Wages (15)* * Numbers correspond to paragraph numbers on the Terms and Conditions attached hereto.
Consultant: Proposal/Quote
1.________________________________________________
2.________________________________________________
3.________________________________________________
Total Amount $_____________________________
By completing and executing this document, Consultant agrees to be bound to the Terms and Conditions attached hereto and incorporated by reference, any additional terms and conditions found on the Purchase Order, and any other terms and conditions imposed by the City and attached hereto or in the Merced Municipal Code, and makes the City an offer for the above-mentioned services at the above-mentioned price. This agreement is not binding on the City until executed by the City Manager, or his/her designee, and a Purchase Order is issued to Consultant. Any terms and conditions proposed by Consultant shall not be binding upon the City unless expressly agreed to in writing by the designated representative of the City.
The individuals executing this contract represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
Consultants ____________________________________
____________________________
___
Print Name Name of Business Entity
Dat e ___
Signature Phone No.___________________________ License No.: _________________________
Position/Title (If Applicable)
Accepted by City of Merced Official Use
Only
_____________________________ Date ___________________
City Manager or Designee
EXHIBIT B
City of Merced
Authorization of Services Agreement
TERMS AND CONDITIONS FOR
SERVICES CONTRACTS
THESE TERMS AND CONDITIONS, (“Terms and Conditions”) are made and entered into on the date shown on the attached Statement of Services, by and between the City of Merced, a California Charter Municipal Corporation, (“City”) and the Consultant, Vendor, Contractor, or Person, (“Contractor”) shown on the Authorization for Service Agreement. These Terms and Conditions, Authorization for Service Agreement, and the Consulting and Professional Services Contract shall herein be collectively referred to as the “Agreement.” Any words that Consultant adds to the Agreement or any form that Consultant uses in the course of business will not change or supersede these Terms and Conditions. The City must agree, in writing, to any change in terms and conditions.
The City’s acceptance of any work or services is not an acceptance of Consultant’s conflicting terms and conditions should such exist.
1. CONTRACTOR’S SERVICES. Contractor shall, at its own cost and expense and as authorized and directed by the City, provide the personnel, supervision, equipment, supplies, services, administration, transportation, and other needs to complete the work described in the Authorization for Service Agreement and the City’s Purchase Order, which is hereby incorporated and made a part of these Terms and Conditions, within the agreed upon time schedule and budget. The Contractor is responsible for obtaining and administering the employment of personnel having the training, experience, licenses, and other qualifications necessary for the work assigned. All project-related costs shall be assumed and paid by the Contractor. These Terms and Conditions and Purchase Order provide the exclusive means of payment and reimbursement of costs to the Contractor by the City.
Such work shall include the following:
a
. The Contractor shall perform the services as described in the Statement of Services and Purchase Order in full compliance with these Terms and Conditions and adopted City policies and guidelines as provided to the Contractor, and in compliance with all other applicable laws and regulations.
b. The Contractor shall perform all services and prepare all documents in professional form, exercising the special experience, skill, and education required for such service. c. The Contractor shall provide finished documents of presentation quality that evidence the highest standards of investigation, professional review, public participation, and presentation.
2. SCHEDULE OF PERFORMANCE AND BUDGET. The Contractor shall satisfactorily perform the services described in the Statement of Services and Purchase Order within the Time Schedule stated or agreed to between the Contractor and the City. The Contractor shall review the remaining work and remaining budget at least monthly (or at such other interval as directed by City staff) and shall confirm that completion may be expected within the budget approved or, in the
EXHIBIT B
City of Merced
Authorization of Services Agreement
alternative, give immediate notice when it shall first appear that the approved budget will not be sufficient, together with an explanation for any projected insufficiency.
The Contrac
tor shall immediately inform the City of any problems, obstructions, or deviations of which the Contractor becomes aware affecting Contractor’s ability to complete the project in a timely, efficient, and competent manner.
3. RISK OF LOSS PRIOR TO FINAL ACCEPTANCE. Risk of loss from total or partial destruction of the work, prior to final acceptance, shall be borne by Contractor regardless of the cause.
Contractor shall repair or replace such damages or destroyed work to its prior undamaged condition before being entitled to additional progress payments or final payment. Total or partial destruction or damage shall not excuse Contractor from completion of work.
4. COMPENSATION. Payment by the City to the Consultant for actual services rendered shall be made upon presentation of an invoice detailing services performed and authorized.
5. PERMITS AND LICENSES.
a
. Contractor shall apply for and procure permits and licenses necessary for the work. b.
Contractor shall give notices necessary and incidental to the due and lawful prosecution of
the work and shall comply duly with the terms and conditions of permits and licenses. c
. Contractor shall pay charges and fees in connection with permits and licenses.